and where does that take us and we remember for a moment that that bill was signed by president bill clinton. >> well, we've been talking about equality and we've been talking about federalism, about how many states are on one side and how many states are on the other. the doma case, the defense of marriage act case, involves equality and federalisim in a slightly different way. the question is whether the federal government can define marriage as one man, one woman, even for people who are lawfully married in their individual state. and one argument is just the equality argument that if you believe in gay marriage in each state and the federal government these do it, too, and there might be four justices or three justices that believe in that, but if they can be added to justices who believe in federalism, who think this should be decided by states and the federal government should not disregard state policy then you could have these federalism justices added together with the equality justices and maybe get to five. the weird thing about that argument, again, maybe a transitional argument